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<br />with the City's Representative, the distribution of same to prospective <br />bidders and to plan rooms, and the issuance of addenda (if any) <br />following CITY's prior approval. The ARCHITECT shall assist the CITY <br />in reviewing the Statements of Bidder's Qualifications, financial <br />statements of bidders, lists of bidders' proposed subcontractors, and <br />all other documents required to be submitted with the bids, and shall <br />make a recommendation to CITY regarding award of bid. ARCHITECT shall <br />also conduct a pre-bid conference and shall answer all questions of <br />prospective or potential bidders and the CITY's staff and shall make <br />all necessary clarifications and interpretations of the construction <br />contract documents. However, ARCHITECT shall have no authority to <br />issue a Notice To Proceed to any contractor. <br />1.3 CORSDUC~IOR .ADJlIRISTRA~IOR PHASE <br />1.3. 1 The Construction Phase will commence with the award of the <br />construction contract and will terminate when the entire Project is <br />accepted by the CITY. <br />1.3.2 Unless otherwise provided in this Agreement and incorporated <br />in the construction contract documents, the ARCHITECT shall provide <br />administration of the construction contracts as set forth herein and in <br />the construction contract documents approved by the CITY. The <br />ARCHITECT's administration of the contracts for construction shall be <br />provided in strict adherence with the construction contract documents <br />and ARCHITECT shall not pursue a course of conduct which might <br />jeopardize any of CITY's rights thereunder. Minor deviations from the <br />construction contract documents that do not affect the validity of the <br />performance bond are permitted. <br />1.3.3 The ARCHITECT shall be a representative but not an agent of <br />the CITY during the Construction Phase, and shall advise and consult <br />with the CITY and provide progress reports and advice to the CITY in <br />writing. The CITY's instructions to the Contractor shall be forwarded <br />through the ARCHITECT, unless (1) ARCHITECT is unavailable by <br />telephonic communication or otherwise to issue instructions necessary <br />for the proper progress and acceptance of work; (2) jeopardy to life <br />and/or property exists; and/or (3) lack of instructions and/or <br />unavailability of the ARCHITECT will result in, in the CITY's opinion, <br />harm to the CITY, in which case instructions may be forwarded directly <br />to the Contractor by the CITY. The ARCHITECT shall have authority to <br /> <br />-6- <br />